Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13(d)

West Pakistan Arms Ordinance (XX of 1965)---.--- ---.---S.13(d)---.---Appreciation of evidence---.---Benefit of doubt---.---Both the mashirs were Police personnel and no efforts were made for associating any private person from the locality of place of incident with the case, though the incident allegedly occurred in the lands where availability of private persons, could not be denied---.---No roznamcha entry was produced by the complainant during evidence---.---Mashirnama of recovery did not mention that the weapon and ammunition recovered from accused were sealed at the spot---.---Accused claimed that alleged rifle was licensed one and he had produced its license copy before the Trial Court---.---Burden lay upon the prosecution to prove its case beyond reasonable doubt---.---In the present case due to non production of roznamcha entry, non-sealing of the recovered property at the spot and non procurement of the independent persons from the vicinity to act as mashiRs. benefit of doubt, if any, ought to go in favour of accused---.---State Counsel had fairly conceded that the case of accused was fit for acquittal---.---Prosecution case being not proved beyond reasonable doubt, the benefit was given to accused whose appeal was allowed and he was acquitted in the case. THIS JUDGMENT DELIVERED BY: SYED SHAFQAT ALI SHAH MASOOMI, JUSTICE:---.--- This appeal is directed against the impugned judgment dated 20-6-2005, passed by learned Sessions Judge, Larkana in the sessions case No. 982 of 2004 based on crime No. 11 of 2004 Police Station Khabar for affences under section 13(d), Arms Ordinance, whereby the appellant was convicted under section 13(d), of Arms Ordinance and sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.10,000 in default of payment of fine to further undergo R.I. for two months more. The benefit of section 382-B of Cr.P.C. was extended to the accused. The facts leading to present appeal are that the appellant was arrested by police party headed by SHO Ashfaq Ahmed Mangi on 5-6-2004 and recovered one unlicensed rifle bearing No. 192116 of .303-bore loaded with magazine containing five live bullets from his possession with…

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